Procedures

Deadlines

Unlike Prop 47, Prop 64 does not contain a provision that re-sentencing, re-classifications, or dismissals must be done by a certain date. So conceivably, a person can seek relief under Prop 64 at anytime in the future.

Currently Serving a Sentence, on Probation, Parole, PRCS, or Mandatory Supervision

Under Prop 47, probationers are considered to be currently serving a sentence. So it is likely, that for Prop 64, anyone on supervision, whether it be probation, parole, PRCS, or mandatory supervision, is considered to be currently serving a sentence.

A court can refuse to re-sentence a petitioner if the petitioner "would pose an unreasonable risk of danger to public safety." An "unreasonable risk of danger to public safety" is defined the same as in Prop 47. (HSC11361.8(b); PC1170.18(c).)

Supervision After Re-Sentencing

A person re-sentenced under HSC11361.8(a) and (b) may be subject to supervision after release from custody. (HSC11361.8(c).) The supervision's length will be either one year, or what they originally received, whichever is shorter. The supervision will be either parole or PRCS.

Evidence & Burden of Proof

Upon submission of a petition or application, a petitioner or applicant is presumed to satisfy the criteria for reclassification or resentencing. (HSC11361.8(b),(f).) The prosecutor must present "clear and convincing evidence" to rebut the presumption. (HSC11361.8(b),(f).)

Plea Bargained Dispositions

If a conviction was a result of a plea bargain in which some charges were dismissed, and that conviction is subject to Prop 64, the dismissed charges cannot be refilled. (HSC11361.8(d).)